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NY I87903




November 21, 2002

CLA-2-62:RR:NC:WA:357 I87903

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5021; 6210.50.5020

Mr. Peter Greenberg
LiquidGear
22 Pyramid Rd.
Aspen, CO. 81611

RE: The tariff classification of five jacket/backpack combinations from China; Composite Goods; Visibly Coated

Dear Mr. Greenberg:

In your letter dated October 23, 2002, you requested a classification ruling.

The samples submitted, which are being returned to you, consist of style names “All Terrain”-AT 100, “Altitude”-ALT 200, “Action”-ACT 300, and “Glacier”-GLA 400, which are adults’ unisex jacket/backpack combinations, and style “Chipmonk”-CHP 500, a children’s unisex jacket/backpack combination. Each jacket/backpack item consists of two components: a jacket and a backpack, which are joined through a combination of zippers. The jackets and backpacks may be worn together or separately; however, the jackets are specially adapted for attachment to the backpacks.

Each jacket has a hood with a drawcord tightening, a full front opening secured by a zipper closure, long sleeves with partial elastic and a tab with a hook and loop fastener on the cuffs, a drawcord tightening through the bottom hem, a sewn-on label with the “LiquidGear’ logo on the lower portion of the rear panel and reflective piping fabric on the two front panels and along the length of each sleeve.

Each jacket features a U-shaped, zippered flap on the back panel. The flap on the adult jackets measures approximately 18-inches in length and 9-inches in width. The flap on the child’s jacket measures approximately 15-inches in length and 11-inches in width. When the jacket of each style is worn alone this flap is closed. When both items of each style (the jacket and the backpack) are worn together the flap is opened to allow the shoulder straps of the backpack to be worn under the jacket. A zipper half on the backpack corresponds to one half of the zipper on the flap, enabling the items to be joined.

The jacket portion of styles “All Terrain,” “Altitude,” “Action,” and “Glacier” is constructed of a shell composed of a woven nylon fabric that is visibly coated on the inner surface. The jacket portion of style “Chipmonk” is constructed of a woven nylon fabric which has a DWR (durable water repellant) spray finish. Styles “Altitude” and “Glacier” are lined with a mesh fabric in the body and a woven fabric in the sleeves. Style “Chipmonk” is lined with a woven man-made fiber fabric and has a light nonwoven polyester batting fill. Styles “All Terrain” and “Action” are not lined. The hood on styles “All Terrain,” “Altitude,” “Action,” and “Glacier” can be rolled up and stored within the stand-up collar. Style “Altitude” and “Glacier” have an overlapping flap with six hook and loop fasteners that covers the front zipper area. Style “All Terrain” has two front pockets with zipper closures at the waist and grommets under each armhole for ventilation. Style “Altitude” has two chest pockets with zipper closures and two front pockets with zipper closures at the waist that are covered by an overlay of fabric with a hook and loop fastener. Style “Action” has grommets under each armhole for ventilation, a zippered pocket on the left chest and two zippered pockets at the waist. Style “Glacier” has two zippered chest pockets, a vent opening secured by a zipper closure under each armhole for ventilation and two zippered front pockets at the waist that are covered by an overlay of fabric with a hook and loop fastener. Style “Chipmonk” has two zippered front pockets at the waist and a zippered inner pocket.

The backpack portion of each style is constructed of a woven nylon oxford fabric which has a polyurethane coating. The inner portion of each backpack has two padded shoulder straps secured by plastic buckles, a label with the “LiquidGear” logo on one of the shoulder straps, a strap with a plastic buckle that fastens across the chest area, two hip pads with a partial textile belt secured on the front portion of the waist by a plastic buckle and a textile cell phone case secured by a flap with a hook and loop fastener. The cell phone case on each backpack has a plastic hook at the top that clips onto a plastic D-ring on one of the shoulder straps.

The outer portion of the backpack of style “All Terrain” has four zippered compartments, a pocket in one of the compartments, one open mesh compartment secured by a textile strap with a plastic buckle, elasticized storage straps and a label with the “LiquidGear” logo. The outer portion of the backpack of style “Altitude” has two zippered compartments (one compartment has basic organizer pockets and a hanging plastic key clip on the inside), a mesh side pocket, a zippered side pocket, a storage strap with a plastic buckle on each side and a textile webbing strap that is secured around the waist by a hook and loop fastener and features a label with the “LiquidGear” logo. The outer portion of the backpack of style “Action” has four zippered compartments, a pocket on the inside of one of the compartments, one open mesh compartment secured by a strap with a plastic buckle, storage straps with plastic buckles and a label that features the “LiquidGear” logo. The outer portion of the backpack of style “Glacier” has two zippered compartments, a pocket on the inside of one of the compartments, a open mesh compartment that is secured by a strap with a plastic buckle, storage straps with plastic buckles, a label with the “LiquidGear” logo and an elasticized drawcord tightening that is threaded through six textile loops. The outer portion of the backpack of style “Chipmonk” has two zippered compartments and one mesh compartment with elastic at the top. One of the zippered compartments has an open pocket on the inside. The other zippered compartment has basic organizer pockets on the inside.

Although the jacket and the backpack of each style may be used separately, the presence of the large zippered flap on the jackets’ back panel renders them specially adapted such that they would not normally be offered for sale separately. Therefore, the items are classified as composite goods. Under the terms of the Harmonized Tariff Schedules, composite goods are to be classified according to the component which provides the essential character or, failing that, under the heading which occurs last in the HTS among those under consideration. Examination of the samples indicates that the backpack does not provide the essential character to the whole. Therefore, classification will be under the heading for the jacket.

If each jacket/backpack combination is sold to both males and females and cannot be identified as exclusively men’s or boys’, then the applicable classification for each combination will be in the HTS covering women’s and girls’ garments.

The applicable subheading for styles “All Terrain,” “Altitude,” “Action,” and “Glacier will be 6210.50.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women’s or girls’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

Style “Chipmonk” is eligible for classification as water resistant. If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6202.93.4500, which provides for other women's or girls’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5021, which provides for other girls’ anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.1 percent ad valorem.

Each style falls within textile category designation 635. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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